Report of the HRD on the activities of the National Preventive Mechanism in Poland in 2011
The director of this establishment did not agree with these accusations, noting that
every case of applying a direct coercive measure was entered into relevant records, and
announced that in 2010 there 2 such cases.
There were also cases of extending the catalogue of misbehaviour, specified in regulations of the establishment and entitling the staff to apply a direct coercive measure, such as
placing a juvenile in an isolation room or restraining him/her with belts or a straightjacket
(JDC and JS in Konstantynów Łódzki), . Moreover, there was no information for how long
the coercive measure of placing a juvenile in an isolation room, specified in Article 95a(7)
of the Act on j.d.p., was applied
The documentation related to putting juveniles in individual rooms and in transitory
rooms lacked any entries about whether or not juveniles exercised their right to an one
hour walk. The visiting team also noted that the information was incomplete on whether
or not a juvenile contacted his/her family; and there was no annotation of a physician confirming that juveniles were examined after having notified their ailments (JDC in Nowe,
JDC and JS in Konstantynów Łódzki). In the opinion of the National Preventive Mechanism all the information about juveniles staying in such rooms should be registered,
and juveniles should be able to maintain telephone, letter and personal contact (visits)
with their families.
The director of JDC in Nowe informed the NPM that staff members were obliged to indicate in the juvenile’s stay records whether or not juveniles exercised their right to a walk.
Based on conclusions made after the visit in juvenile detention centre in Zawiercie,
the NPM representatives stated that placing juveniles in transitory rooms was still applied
there as a penalty. This was evidenced by entries in the juvenile record book, in particular
by entries on the length and resons of placing the juveniles in such room. Some cases
were reported of placing girls in a transition room due to: disrupting the classes, ignoring
teacher’s instructions, verbal abuse and autoagressive behaviour. The reasons for placing a
juvenile in a transition room were described too generally. Moreover, the files of juveniles
placed in transition rooms lacked any information about their complying with the school
duty. Providing such information is essential as showing that juveniles’ fundamental rights
are respected. Also Article 7 of the Ordinance of the Minister of Justice of 26 August 2004
on the organization of the school year in schools in juvenile detention centres and juvenile
shelters180 provides for the need to respect these rights .
The National Preventive Mechanism noticed the problem of aggressive behaviour
among the residents. Several juveniles detained in Juvenile Shelter in Dominowo reported
incidents of violent acts committed by stronger detainees. Juvenile residents in Nowe establishment pointed to the same problem. Boys added that security staff usually did not react in such cases. The National Preventive Mechanism stresses that the main task of the
visited establishment is not only to carry out resocialization and education tasks, but
Dz. U., No 188, item 1947.
180
102
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